R-9488
f :\atty\m u n i\laws\mox\pico. bia
City Council Meeting: 02-22-00 Santa Monica, California
RESOLUTION NUMBER 9488 (CCS)
(CITY COUNCIL SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DECLARING ITS INTENTION TO ESTABLISH THE PICO BOULEVARD BUSINESS
IMPROVEMENT AREA ASSESSMENT DISTRICT
WHEREAS, Ordinance Number 1606 (CCS) of the City of Santa Monica,
adopted November 26, 1991, as amended by Ordinance Number 1845 (CCS), adopted
March 19, 1996, (hereinafter collectively "Ordinance No. 1606") sets forth the
procedures governing Business Improvement Areas within the City; and
WHEREAS, the City Council of the City of Santa Monica proposes to establish
a Business Improvement Area ("BIA") for the Pico Boulevard commercial area as more
particularly described herein; and
WHEREAS, it has been determined by the City Council that proceedings be
commenced in accordance with Ordinance No. 1606 for the establishment of a Pico
Boulevard Business Improvement Area and the levying of assessments pursuant to
Ordinance 1606:
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council hereby declares its intention to establish
the Pico Boulevard Business Improvement Area ("Pico Boulevard BIA") which
comprises businesses located on property bordering on either side of Pico Boulevard
for its entire length from the Pacific Ocean to the easternmost City limits at Centinela
Avenue.
SECTION 2. The assessments levied within this proposed Pico Boulevard
BIA may be used for any of the following purposes:
1 ) The acquisition, installation, construction or maintenance of parking
facilities, benches, information kiosks, trash receptacles, street lighting, parks
fountains, landscaping and related improvements, including, without limitation, irrigation,
lighting, signage, fencing, walkways and similar improvements for the benefit of the
area.
2) Decoration of any public place in the area.
3 ) Promotion of public events which are to take place on or
in public places in the area, including the provision of security
for such public events.
4) Furnishing of music in any public place in the area.
5) The general promotion of commercial trade activities in
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the area.
6) Activities to manage traffic generated by employees and
customers of businesses within the area; and
7 ) Security Operations.
SECTION 3. The establishment of the Pico Boulevard
BIA shall become effective upon adoption of an ordinance pursuant
to Ordinance 1606. All assessments due under this Pico Boulevard
BIA shall be payable concurrently and at the same time as the general
business license tax. For failure to pay said assessments on the
due date thereof, penalties shall be exacted as set forth in Section
6.04.160 of the Santa Monica Municipal Code.
SECTION 4. That an assessment will be levied against
all persons or entities operating a business establishment within
such proposed Pico Boulevard BIA. . For fees due July 1, 2000 and
thereafter, unless amended by the City Council, the Pico Boulevard
Business Improvement Area assessment will be a fee equivalent to
the following:
Business Assessment Annual
Classification Fee Amount Maximum
Retail * 1 x Business License Tax** $
1,000.00
Hotels and Motels* 1 x Business License Tax** $
1,000.00
Auto-Related Retail, 1 x Business License Tax** $
500.00
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Service Stations & Repair*
Auto Dealers 1 x Business License Tax** $
500.00
Recreation and $100.00 Flat Fee $
100.00
Entertainment
Agent/Broker $100.00 Flat Fee $
100.00
Contractor/Subcontractor $100.00 Flat Fee $
100.00
Corporate/Administrative
Headquarters $100.00 Flat Fee $
100.00
Professions $100.00 Flat Fee $
100.00
Rental of Commercial $100.00 Flat Fee $
100.00
Property
Manufacturers $100.00 Flat Fee $
100.00
Non-Auto Related $100.00 Flat Fee $
100.00
Services
Wholesalers $100.00 Flat Fee $
100.00
Utilities $100.00 Flat Fee $
100.00
*Minimum for these categories is $100.00 annually.
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**Business License Tax rates are set forth in Article 6 of the
Santa Monica
Municipal Code.
SECTION 5 . The assessment shall not apply to any person
operating a business from his or her principal place of residence
wi thin the Pico Boulevard BIA and for which a home occupation permit
has been issued in accordance with the provisions of Article IX of
the Santa Monica Municipal Code, nor shall it apply to any business
whose business license is subject to only a flat fee as outlined
in Article VI, Section 6 . 08.180, which governs taxicab dr i vers, special
events, and delivery/pickup businesses. The assessment shall also
not apply to rental of residential property with the exception of
hotels and motels.
SECTION 6 . The improvements and activities to be
provided in the area will be funded by the levy of assessments described
in Section 4 above. The revenues from such assessments shall be
used exclusively within the Pico Boulevard BIA described herein,
and shall not be used to provide improvements or activities outside
such BIA.
SECTION 7. The City Council hereby finds that the
businesses and the
property within the proposed Pico Boulevard BIA will be benefitted
by the improvements and acti vi ties funded by the assessments proposed
to be levied.
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SECTION 8 . A public hearing on the proposed Pico
Boulevard BIA will be held at 7:00 p.m. on Tuesday, March 28, 2000 ,
or as soon thereafter as the matter may be heard, in the City Council
Chambers located at 1685 Main Street, Santa Monica, California.
At such public hearing, the City Council will hear public testimony
on the proposed Pico Boulevard BIA, including any protests and
objections to the BIA.
SECTION 9 . That notice of such public hearing shall
be published and mailed in accordance wi th Section 8 of Ci ty Ordinance
1606 (CCS) . A copy of Ordinance 1606 is on file in the office of
the City Clerk.
SECTION 10. The City Clerk shall certify to the adoption
of this Resolution, and thenceforth and thereafter the same shall
be in full force and effect.
APPROVED AS TO FORM:
S/
MARSHA JONES MOUTRIE
City Attorney
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Adopted and approved this 22nd of February, 2000
S/
Pam O=Connor, Mayor Pro Tem
I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that
the foregoing Resolution 9488 (CCS) was duly adopted at a meeting of the Santa
Monica City Council held on the 22nd of February, 2000, by the following vote:
Ayes: Council members: Holbrook, Rosenstein, McKeown, Feinstein,
Bloom, Mayor Pro Tem O=Connor
Noes: Council members: None
Abstain: Council members: None
Absent: Council members: Mayor Genser
ATTEST:
S/
Maria M. Stewart
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